§ 3-9-6.2. Special exceptions.

(a)

Intent and purpose. A special exception is permission for a use that would not be permissible generally, or without restriction, throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood and other such restrictions, as may be deemed appropriate in each case, would be compatible with surrounding land uses and found to be consistent with the comprehensive plan for Charlotte County.

(b)

Applicability. Special exceptions are established to allow for the approval of specific uses in addition to the permitted uses in each zoning district. Uses eligible for a special exception shall be limited to:

(1)

The uses listed as special exceptions in each zoning district.

(2)

Adaptive reuse of an historic structure.

(c)

Initiation. An application for a special exception may be initiated by anyone with a legal interest in the property; however, an applicant who is not the owner of subject property, shall be required to present evidence of legal authority from the owner to submit an application.

(d)

Application requirements. Unless waived by the zoning official, a preapplication conference must take place with the zoning official at least five (5) working days prior to submitting an application. Applications for special exceptions shall be submitted on forms obtained from and filed with the zoning official. All applications shall be accompanied by additional documentation as specified in this Code or required by the zoning official and the applicable fee. The zoning official shall review the application for sufficiency, which includes completeness of the application. If additional data is required, the zoning official shall, within ten (10) working days after receipt of the application, document in writing to the applicant what specifically is required. Failure of the applicant to submit information required by the zoning official and to make the application complete or sufficient within thirty (30) calendar days of the written request shall be considered a withdrawal and the application fee shall be refunded less the administrative fee. Special exception applications shall include but not be limited to the following, as determined by the zoning official.

(1)

A concept plan at an appropriate scale showing the existing and proposed placement of structures on the property, provisions for ingress and egress, off-street parking and loading areas, refuse and service areas and required yards and other spaces.

(2)

Plans showing proposed locations for utilities hookups.

(3)

Plans for screening, landscaping, and buffers, with references to type, dimensions, and character.

(4)

Proposed signs and lighting, including type, dimension and character.

(5)

A Legal description of the entire property encompassing the special exception.

(6)

A narrative description of the total project in sufficient detail to provide an understanding of the nature of the development proposal and a statement describing how the requested special exception meets the approval criteria for special exceptions as set forth in this Code.

(e)

Notice of public hearing. The county shall provide notice of the public hearing to be held before the BZA in accordance with the following provisions.

(1)

Published notice. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and the land development regulations. Upon the receipt of a complete and valid application for a special exception, the zoning official shall establish a date, time and place for the public hearing before the BZA. Published notice shall be given at least fifteen (15) calendar days prior to the date of any public hearing by publication in a newspaper of general circulation in the county. The published notice shall contain a description of the proposed use; address and legal description of subject property; the date, time, and place of the public hearing or hearings, whichever is applicable; and shall invite all interested persons to appear and be heard. Failure to comply strictly with published notice requirements shall not invalidate the proceedings.

(2)

Mailed notice. The owners of property located within five hundred (500) feet of the subject property shall be mailed notice of the proposed special exception at least fifteen (15) calendar days prior to the initial public hearing on the special exception before the BZA. The mailed notice shall contain a description of the proposed use; address and legal description of subject property; the date, time and place of the public hearing or hearings, whichever is applicable; a phone number to contact the county for more information; and shall also invite all interested persons to appear and be heard. Notice by mail shall be addressed to the property owner at the address shown on the latest available Charlotte County Property Appraiser Real Property Records. Such notice shall be considered effective when placed in the United States mail, postage paid. Failure to comply strictly with mailed notice requirements shall not invalidate the proceedings.

(3)

Posted notice. A sign shall be posted conspicuously on the subject property, which shall contain a description of the proposed use, date, time and place of the public hearing; and a phone number to contact the county for more information. The sign shall be placed on the property at least ten (10) calendar days prior to the initial public hearing on the special exception before the BZA. Failure to comply strictly with posted notice requirements shall not invalidate the proceedings.

(f)

Action by county staff. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and the land development regulations. Should an application not be complete or sufficient or an error in the application be discovered, the zoning official shall have the discretion to require the applicant to reapply or submit revised or additional information. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the next available BZA meeting. The zoning official may require that site plans associated with special exceptions be reviewed and comments provided to staff during the special exception process, although no site plan approval shall be implied by this review. The zoning official shall investigate the conditions pertaining to a particular request and submit a report to the BZA, providing the facts involved and making a recommendation based on the application submitted, the facts known prior to the public hearing, and this Code. The final action by the BZA shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. The original recorded notice of approval shall be kept on file and a copy mailed to the applicant.

(g)

Action by applicant. The applicant, agent or attorney shall appear at the public hearing or hearings in person, to testify under oath before the BZA members, present their case for the application, and answer questions asked of them. The applicant may also initiate any of the following actions.

(1)

Withdrawal of application. An applicant or legally appointed representative may request that their application be withdrawn at any time. A request to withdraw an application shall be in writing to the zoning official unless the applicant makes their request on the record at the scheduled public hearing of the BZA. A written request shall be signed by all persons who signed the application, or by a legally appointed representative. The zoning official may authorize a refund of all or part of the application fee if an application is withdrawn more than fifteen (15) calendar days prior to the scheduled public hearing. If a request to withdraw an application is made less than fifteen (15) calendar days prior to the scheduled public hearing then no part of the application fee shall be refunded.

(2)

Postponement of scheduled public hearing. If an applicant desires to postpone a scheduled public hearing they may request that the scheduled public hearing be postponed to any one (1) of the next four (4) available public hearings. A request to postpone the scheduled public hearing must be in writing and must be received by the zoning official at least fifteen (15) calendar days prior to the scheduled public hearing. The request shall be signed by all persons who signed the application, or by a legally appointed representative. The zoning official shall then remove the application from the agenda and mail a notice, at least seven (7) calendar days prior to the scheduled public hearing, to the surrounding property owners who were mailed a notice of the original public hearing, notifying them that the application will not be heard at the originally scheduled public hearing but will be heard on the date and time of the requested public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(3)

Request for continuance from the zoning official or BZA. If an applicant desires to continue a public hearing less than fifteen (15) calendar days before the scheduled meeting, they must make such a request in writing to the zoning official prior to the public hearing, or to the BZA, at the public hearing. The zoning official may, one (1) time per application, based on extraordinary circumstances, grant a continuance to any one (1) of the next four (4) available public hearings. Other than the one time grant of continuance by the zoning official. Extraordinary circumstances shall include, but not be limited to, sudden illness or medical condition, death, or discovery of a late objector with their consent. All requests to continue the public hearing may be granted or denied only by the BZA. The BZA may hold a portion of the public hearing to give those who are present a chance to testify and then continue any action on the matter. If the BZA determines that a continuance is appropriate they may continue action on any application to a date certain at one (1) of their next scheduled public hearings. If directed to do so by the BZA, as soon as practicable thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be heard on the date and time of the next scheduled public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(h)

Action by the BZA. The BZA shall hold a public hearing to obtain public input on the proposed special exception. Following the public hearing, the BZA may approve, approve with conditions, or deny the proposed special exception.

(1)

Should the BZA deny a special exception, the reasons for denial shall be stated and put in writing for the record. Such reasons shall be based on the approval criteria for special exceptions stated in this Code as they may be applicable to the denial.

(2)

Should the BZA approve a special exception, the BZA may impose reasonable conditions in order to protect the interest of the public health, safety, and general welfare, and prevent or minimize adverse effects on other property in the surrounding neighborhood. Any request for a modification of any BZA condition of approval for a special exception shall be processed as if it is a modification of a special exception.

(3)

Continuance of BZA action. If the BZA determines that a continuance is appropriate, they may continue action on any application. If the BZA continues their action on any application to a date certain and directs the zoning official to mail notice of the continuance, then as soon thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be acted on again at the date and time of the next schedule public hearing and no additional noticing shall be required. If the BZA continues their action on any application without setting a date certain then the zoning official shall publish, mail, and post a notice for the next meeting at which the application will be acted upon according to the regular noticing requirements of this Code. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(i)

Approval criteria for special exceptions. In addition to the standard approval criteria for developments and uses permitted by this Code, a special exception shall be granted by the BZA only if all of the following approval criteria are satisfied.

(1)

The proposed special exception is consistent with the comprehensive plan.

(2)

The proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist.

(3)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare.

(j)

Effect of special exception approval. Should the BZA approve a special exception the use may be initiated and continued only if all of the development standards of Code and additional conditions imposed by the BZA are maintained and complied with. An approved special exception use shall be considered permanent; however, a special exception use may expire, be revoked, or no longer be an authorized use if any [of] the following circumstances are found to exist.

(1)

Approval of a special exception, with or without conditions, shall be considered permanent to the extent that it may only be revoked following the procedure for a new special exception. Only the BZA may direct the zoning official to initiate an application to revoke an existing special exception.

(2)

An approved special exception may have a time limit in the BZA conditions of approval for the special exception use. In which case, the special exception shall become void and the use shall be terminated and discontinued at the end of the time specified in the BZA condition, unless a time extension is granted by the BZA.

(3)

Any violation of the conditions and safeguards that may be imposed on any special exception by the BZA, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Code.

(k)

Modifications. Minor alterations or modifications of any approved special exception may be approved by the zoning official. Any expansion or major alteration or modification of any approved special exception must be approved by the BZA as if it is a new application. It shall be the duty of the zoning official to determine which modifications are classified as major or minor.

(l)

Time between similar applications. Whenever the BZA has denied an application for a special exception, the BZA shall not thereafter consider an identical application for a special exception concerning all or any part of the same property for a period of six (6) months from the date of such action, except that this requirement may be waived by the positive votes of a majority of the members of the BZA. This section does not apply to applications for a modification of a previously approved special exception.

(m)

Use of historic structures. Owners of structures designated on the National Register of Historic Places, the Florida Master Site File, or the local historic register may petition the BZA for approval of a special exception use for any type of use which would serve to perpetuate the viable contemporary utilization and adaptive reuse of the historic structure, regardless of whether such use is permitted by special exception in the zoning district in which the historic structure is located.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14; Ord. No. 2018-012, § 1(Exh. A), 3-27-18)